Court adjourns OSP’s bid to stay ruling on prosecutorial powers to June 8

A High Court in Accra has adjourned to June 8, 2026, the hearing of an application by the Office of the Special Prosecutor (OSP) seeking a stay of execution of an earlier ruling on its prosecutorial authority, further delaying a decision on the matter.

This comes on the back of a High Court ruling in April 2026, which directed the Attorney-General to take over prosecutions initiated by the OSP. The ruling was made when parties in the Strategic Mobilisation Limited (SML) case, in which former Finance Minister Ken Ofori-Atta, an accused person, appeared before the court.

The ruling being challenged held that the Office of the Special Prosecutor requires specific authorisation under its parent Act to prosecute cases.

In the absence of such authorisation, the court declared the prosecutions invalid and ordered the Attorney-General to assume responsibility for them. But the OSP filed for an execution of stay on the ruling.

However, the case, presided over by Justice John Eugene Nyante Nyadu, did not proceed today after the Court was informed that the respondent was unable to attend.

According to the Court, the respondent had requested alternative dates of May 28, May 29, or June 8, 2026, with the judge ultimately selecting June 8 for the hearing.

As a result, the OSP’s application for stay of execution could not be heard and has been formally adjourned to a new date.

The application relates to an earlier ruling concerning the OSP’s prosecutorial powers, which the anti-corruption agency is seeking to temporarily suspend while legal proceedings continue.

The adjournment means the legal questions surrounding the OSP’s authority remain unresolved, extending uncertainty over the implementation of the earlier court decision.

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